BILL NUMBER: SB 1428	CHAPTERED  09/19/00

	CHAPTER   513
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000

INTRODUCED BY   Senator Karnette
   (Coauthors:  Senators Ortiz and Hughes)
   (Coauthors:  Assembly Members Ackerman, Bock, Cunneen, Jackson,
Keeley, Leach, Longville, Lowenthal, Mazzoni, Strom-Martin,
Washington, Wiggins, and Zettel)

                        FEBRUARY 3, 2000

   An act to amend Sections 2560.5, 2561.3, 2561.5, 2562, 2562.3,
2562.5, 2563, and 2564 of, to add Section 2565 to, and to repeal
Sections 2563.5 and 2564.5 of, the Streets and Highways Code,
relating to highways.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1428, Karnette.  Highways:  freeway service patrols.
   Existing law authorizes, until January 1, 2002, the operation of
freeway service patrols, as defined, under a memorandum of
understanding between the Department of the California Highway
Patrol, the Department of Transportation, and regional or local
governmental entities.
   This bill would delete the repeal date specified above and would
thus extend indefinitely the authority to operate freeway service
patrols.  The bill would make other, conforming changes in existing
law relating to freeway service patrols.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California's freeway service patrols are a critical element in
the state's efforts to keep our freeways safe and operating
efficiently.
   (b) Freeway service patrols provide an effective freeway
congestion relief program on the state highway system.
   (c) Los Angeles County pioneered the state's first freeway service
patrol program in 1991, and, since that time, 11 programs have been
implemented as a partnership between the Department of
Transportation, the Department of the California Highway Patrol, and
local and regional entities.
   (d) Freeway service patrols, composed of teams of specially
trained tow truck drivers, patrol 1,220 miles of California's most
congested freeways, offering stranded motorists help that is free of
charge and includes services such as changing a flat tire, "jump
starting" a dead battery, repairing hoses, refilling radiators, and
providing a gallon of fuel or a tow to a predetermined safe location
off the freeway.
   (e) Since the state first implemented freeway service patrol
programs on a demonstration basis in 1992, some 4.5 million motorists
statewide have received assistance.  Further, studies performed by
the University of California at Berkeley's Institute for
Transportation Studies, as required by the initial legislation,
conclude that for every  dollar invested in the program, the state
receives from three dollars ($3) to five dollars ($5) back in
benefits,including time savings.
   (f) Accordingly, California's freeway service patrol programs,
which were implemented initially as a demonstration program, merit
permanent status as part of the state's overall program to keep
California's highways safe and free of traffic congestion.
  SEC. 2.  Section 2560.5 of the Streets and Highways Code is amended
to read:
   2560.5.  The purpose of this chapter is to provide for permanent
implementation of a freeway service patrol system on
traffic-congested urban freeways throughout the state, involving a
cooperative effort between state and local agencies.
  SEC. 3.  Section 2561.3 of the Streets and Highways Code is amended
to read:
   2561.3.  The freeway service patrol in any particular area shall
be operated pursuant to a memorandum of understanding between the
Department of the California Highway Patrol, the department, and the
appropriate regional or local entity.
  SEC. 4.  Section 2561.5 of the Streets and Highways Code is amended
to read:
   2561.5.  (a) Funding for the freeway service patrols established
pursuant to this chapter shall be provided, upon annual
appropriation, from the State Highway Account in the State
Transportation Fund.  In addition, the appropriate regional or local
entity shall ensure that local resources are expended on freeway
service patrols in an amount not less than 25 percent of the amount
provided from the State Highway Account.
   (b) In locations where there already is a freeway service patrol,
the department shall coordinate and integrate the funds appropriated
pursuant to this section into the existing program.  In the
allocation of these funds, no local entity may be penalized for
having an existing freeway service patrol program.
   (c) No state funding may be released prior to the execution of the
memorandum of understanding developed under Section 2561.3.
   (d) No program funded under this chapter may supplant emergency
response towing services provided by the department as of January 1,
1992.
   (e) It is the intent of the Legislature that funding for programs
funded under this chapter be consistent from year to year in order to
facilitate the awarding of multiyear contracts between participating
regional and local entities and providers of freeway patrol
services.
  SEC. 5.  Section 2562 of the Streets and Highways Code is amended
to read:
   2562.  Funding for a freeway service patrol in a participating
area shall be based 25 percent on the number of urban freeway lane
miles in the participating area to the total number of freeway lane
miles in all the participating areas, 50 percent on the basis of the
ratio of the population of the participating area to the total
population of all the participating areas, and 25 percent on the
basis of traffic congestion as ascertained by the department pursuant
to the most recent Statewide Highway Traffic Congestion Monitoring
Program.
  SEC. 6.  Section 2562.3 of the Streets and Highways Code is amended
to read:
   2562.3.  In determining the annual funding allocation, regional or
local entities shall apply to the department in accordance with
program guidelines.
  SEC. 7.  Section 2562.5 of the Streets and Highways Code is amended
to read:
   2562.5.  Each tow truck participating in a freeway service patrol
shall bear a logo comprised of, at a minimum, a circle, a triangle,
and a tow truck silhouette, with the words "Freeway Service Patrol,"
which identifies the Department of the California Highway Patrol and
the department, and, at the option of the entity, the participating
regional or local entity.  Participating regional or local entities
may place an approved logo on participating tow trucks.
  SEC. 8.  Section 2563 of the Streets and Highways Code is amended
to read:
   2563.  Tow truck drivers and employers participating in a freeway
service patrol pursuant to this chapter are subject to the standards
and qualifications established under Article 3.3 (commencing with
Section 2430) of Chapter 2 of Division 2 of the Vehicle Code.
  SEC. 9.  Section 2563.5 of the Streets and Highways Code is
repealed.
  SEC. 10.  Section 2564 of the Streets and Highways Code is amended
to read:
   2564.  Not more than 2 percent of the state funds appropriated for
purposes of this chapter shall be used for administrative overhead
expenses or purposes by state agencies.  No state funds shall be used
for administrative purposes by the participating local and regional
entities.
  SEC. 11.  Section 2564.5 of the Streets and Highways Code is
repealed.
  SEC. 12.  Section 2565 is added to the Streets and Highways Code,
to read:
   2565.  The department, the Department of the California Highway
Patrol, and participating regional and local entities shall develop
and periodically update guidelines for program operations, as those
guidelines and updates may be required.
